SENTENCING PUT OFF IN MARIJUANA CASE

Defendant Didn't Know Deal Includes Prison Time, Lawyer Says

Port Washington - Sentencing for a 75-year-old Town of Belgium man accused
of operating one of the largest marijuana growing operations in Wisconsin
was delayed Tuesday after a lawyer for the defendant said his client had no
idea that prison time could result when he agreed to a no contest plea in
March.

As a result, David Burmesch may rescind the plea, lawyer Kirk Obear said.

Burmesch had been scheduled to be sentenced Tuesday by Ozaukee County Judge
Walter Swietlik on charges of manufacturing marijuana and maintaining a
drug manufacturing place.

As part of a plea agreement, Burmesch pleaded no contest and his brother
Eugene, 80, pleaded guilty to the charges in March in return for a charge
of marijuana possession being dropped.

Swietlik said Wisconsin sentencing guidelines for the remaining charges
required at least a year of prison.

"I have to tell the court that Mr. Burmesch would not have entered into a
voluntary plea agreement if he had known about the sentence," Obear said.

At the hearing in March, David Burmesch told Swietlik he understood that in
entering the plea, he was waiving his right to a trial. He said he
understood what the consequences of his plea were.

Instead of facing a maximum of 30 years in prison, Burmesch faced up to 17
years in prison. It was not clear Tuesday whether the minimum sentence of a
year in prison was spelled out in the March court session.

A no contest plea means the defendant is not admitting guilt but concedes
enough evidence exists to bring a conviction.

Also, as part of the agreement, District Attorney Sandy Williams did not
make any recommendation as to how she felt Swietlik should sentence Burmesch.

Obear argued that Swietlik should sentence Burmesch "to a long period of
probation and a long period of community service."

The law under which the Burmesch convictions were brought requires a
minimum of one year in prison, Swietlik said.

"I think the statute is clear," Swietlik said.

Obear argued that it was up to the judge to decide whether his client had
to actually serve any prison time. He said there is ample precedent to back
up that interpretation.

"I don't think the statute calls for any interpretation," Swietlik replied.
"I think it is a clear reading."

Obear asked for time to gather his research, so he could be prepared to
argue that his client should not be sent to prison. He said after the
hearing he would also have to discuss the guilty plea with David Burmesch.

Swietlik agreed to delay sentencing until next Tuesday.

Eugene Burmesch is scheduled to be sentenced June 28 by Swietlik. His
defense attorney, Gerald Boyle, said he would have to review what Swietlik
said in court before making a decision on what course of action his client
will take.

498 marijuana plants found

The Burmesch brothers were arrested on Sept. 1, 2000, by agents from the
state Department of Justice's Division of Narcotics Enforcement.

Acting on a tip, two agents went to David Burmesch's farm, where they found
a large-scale marijuana growing operation. Eventually, 498 plants were
uprooted and confiscated, as well as 98.5 pounds of marijuana that were
found packaged in a shed near the hidden growing area.

During the hearing Tuesday, Obear argued that what the agents found was an
abandoned growing operation. He also argued that the marijuana wasn't very
potent, although he was unsuccessful in his attempts Tuesday to get a State
Crime Laboratory technician to agree with that.

Obear said it is clear from dilapidated state of Burmesch's farm and house
that this was not a man making large sums of money from drug dealing. He
noted Burmesch borrowed money from banks every year so he could keep his
farm running.

"Despite the defendant's age, he is still a drug dealer," Williams argued.

Burmesch was able to fool a lot of people, but he was still dealing drugs
and harming his community, Williams said.